| This paper believes that personal data refers to any form of information which can distinguish the natural persona identity.Due to personal data contains commercial value with scarcity, usefulness and controllability,the commercial value of them can be used as the object of property rights.Therefore,commercial utilization of them has the rationality and necessity. In view of the civil code which is developing, I put forward some suggestions:first of all,we should change the concept of traditional legal theory, explicit individual data classification and commercial value of personal data. In the chapter of personal law, we should only protect the personal information related personal interests.The object of information property legal relationship is the property value of personal data, so we can be divided into intellectual property rights which has originality and the original information property rights. In the chapter of property law,we should admit the independent legal status of information storage space. The chapter of tort law should adopt the idea that the business value of personal data is a kind of property.The commercial value of personal data and information storage space should be the legitimate interest and be protected by the tort law.And the personal interests and property interests should be protected equally.In the special legislation of personal data, we should establish the basic principles.In addition, in the open platform specific business practice,we should strengthen the effect of self-discipline organization,and unfine platform’s privacy policy,standardize the user software license agreement and open platform agreement. |
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